Matters get more complicated
when allegations of discrimination, victimisation and constructive dismissal are before the tribunal, due to the positive requirement to make findings of fact.
Investigating Discrimination Claims
When allegations of discrimination are made involving school employees or students, it's essential that the matter is investigated promptly, effectively and legally.
Not exact matches
Employment litigation can come about for numerous reasons and some
of the most damaging to a Louisiana business or institution are
when there are
allegations of discrimination.
When it is alleged that a person has engaged in
discrimination on the basis
of social disadvantage, the onus
of proving that the
discrimination is based on a negative bias or stereotype lies on the person making the
allegation.
Since the employee could establish a prima facie case
of discrimination by proving that a) she had, or was perceived to have, a disability, b) she received adverse treatment, and c) her disability was a factor in the adverse treatment, the employee's
allegation that the employer discriminated against her on the basis
of disability
when they terminated her employment was upheld.
There is absolutely no reason for this, and it's opening the employer up to
allegations of racial
discrimination — as well as making it more likely that it really will introduce unconscious bias into the initial sceening, because that's a real thing even in well - intentioned people and even
when we don't realize it.
Employers need to know how to protect themselves against
allegations of discrimination and issues with authenticity and privacy if no further action is taken after the discovery on the Internet that a person is a member
of a protected class or
when finding negative information.